How does a court decide on a remedy?
Asked by: Eladio Bogisich DVM | Last update: January 31, 2026Score: 4.4/5 (16 votes)
A court decides on a remedy by first determining if a legal wrong occurred, then selecting the best way to make the injured party whole, typically through monetary damages (legal remedy) or court orders like injunctions or specific performance (equitable remedies). Judges consider factors like the nature of the harm, the law governing the right, the potential for irreparable harm, and the least disruptive solution, often choosing money unless it's inadequate, in which case they turn to equitable relief to compel or prevent actions.
In what circumstances would a court order specific performance as a remedy?
This remedy is often applied when monetary damages are inadequate to fix the harm caused by the breach; most commonly in cases involving real property and rare chattels.
What does remedy mean in court?
remedy. n. the means to achieve justice in any matter in which legal rights are involved. Remedies may be ordered by the court, granted by judgment after trial or hearing, by agreement (settlement) between the person claiming harm and the person he/she believes has caused it, and by the automatic operation of law.
What is the most common remedy awarded in civil cases?
The most common remedy in civil cases is money damages. However, there are two other types of remedies available to plaintiffs and civil courts; injunctions and specific performance orders.
What are the types of remedies that may be requested from a court?
Damages or legal remedies, which may include:
- Compensatory damages.
- General damages.
- Special damages.
- Consequential damages.
- Incidental damages.
- Expectation damages.
- Reliance damages.
- Punitive damages.
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What are the three types of remedies?
There are three type of remedies which the plaintiff (person who brings an action in a court) which are damages, specific performance and injunction. These remedies will be given to the plaintiff according to the losses that he or she had faced.
What is the most common remedy?
Damages are the most common legal remedy awarded when a contract is breached. They are designed to compensate the non-breaching party for the loss they have suffered due to the breach. In Australia, damages aim to reflect what the injured party would have received had the contract been fully and properly performed.
What remedy is generally sought in a civil action?
When a civil action is successful, the court will attempt to remedy the situation by trying to put the injured person in as good of a position as they would have been if they had not been injured. This is generally done by ordering the offending party to pay money, called damages, to the injured party.
What are the five remedies?
Five essential legal remedies for contract breaches
- Compensatory damages. ...
- Liquidated damages. ...
- Specific performance. ...
- Punitive damages. ...
- Nominal damages.
What must be proven to win a civil case?
In civil cases, the plaintiff has the burden of proving their case by a preponderance of the evidence, which means the plaintiff merely needs to show that the fact in dispute is more likely than not.
What is the main purpose of a remedy?
Remedies are designed to address the harm suffered by a party due to the unlawful actions or omissions of another party. They ensure that justice is served by restoring the injured party to their original position or by providing relief appropriate to the circumstances.
What are the two kinds of remedies a final judgment may identify?
Understand the basic purpose of remedies. Recognize that there are two general categories of remedies: legal and equitable. See that courts do not simply order obligors to keep their promise but instead allow them to breach and the nonbreaching party to have remedies for that breach.
What is the remedy period in law?
A Remedy Period clause defines a specific timeframe during which a party in breach of contract is given the opportunity to correct or "remedy" the breach before further action can be taken by the non-breaching party.
Under what circumstances is specific performance not available as a remedy?
An order of specific performance is generally not granted if any of the following is true: Specific performance would cause severe hardship to the defendant. The contract was unconscionable. Money damages are an adequate remedy.
Is specific performance better than damages?
Specific performance is not an absolute right. It is a discretionary, equitable remedy awarded only in circumstances where damages are inadequate. Judges exercise significant judgment in deciding whether to grant it.
Under what circumstances will a court award an equitable remedy?
Equitable remedies are alternative ways to pay for damages. They are often utilized when the breaching party does not have enough money to pay. Often, equitable damages are not available unless monetary damages are not sufficient. Some types of equitable remedies are specific performance, injunction, and restitution.
What is the most common legal remedy?
The most common remedies people seek after a breach of contract are damages. After a party breaches the terms and conditions of a business contract, the non-breaching party may be entitled to monetary compensation to cover the harm or losses suffered because of the breach.
What is a remedy in court?
In the legal context, a remedy refers to the means or solution provided by a court of law or legal system to address a legal dispute, right violation, or harm suffered by a party. Remedies are a fundamental aspect of the legal system and are designed to provide relief, enforce rights, and ensure justice is served.
What does legal remedy mean?
Legal Remedy refers to the means by which a court enforces a right, imposes a penalty, or makes another court order to impose its will. This skill encompasses understanding various forms of legal relief, such as monetary damages, injunction...
What is an extraordinary remedy?
An extraordinary remedy is a legal relief that goes beyond the typical judicial remedies available, often used to rectify serious injustices or address urgent situations. These remedies can include injunctions, specific performance, or other forms of relief that are not usually granted in standard civil actions.
What are the two types of remedies?
While there are various legal remedies available, they all fall into one of two categories; namely, equitable remedies and legal damages.
What is the most common remedy sought by plaintiffs in civil lawsuits?
Monetary Damages: This is the most common form of remedy, where the court orders one party to pay a sum of money to the other. There are different types of damages: Compensatory Damages: Aimed at reimbursing the plaintiff for actual losses.
Is restitution an equitable remedy?
Types of Remedies in Equity
There are three types of equitable remedies: specific performance, injunction, and restitution.
What is the meaning of no adequate remedy at law?
An inadequate remedy at law refers to a situation where monetary damages are not sufficient to compensate an injured party for a breach of contract. This concept is crucial in understanding when equitable remedies, like specific performance, become necessary to fulfill the terms of an agreement.